Remanded

S.P.Singh v. UOI

Punjab & Haryana HC10 Sept 2010CWP/1912/2002

Case brief

AI extract

What is this about?

The Court transferred a writ petition concerning the petitioner's reinstatement and disability pension to the Armed Forces Tribunal at Chandimandir. Noting the petitioner's residence and retirement, the Court held the matter fell within the Tribunal's jurisdiction under the Armed Forces Tribunal Act, 2007, and directed the Registry to transfer records.

What did the court decide?

Records transferred to the Armed Forces Tribunal at Chandimandir for hearing and disposal.

S.P.Singh Vs UOI — Pension and Retirement Benefits | Punjab & Haryana HC (2010)

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CM No.12354 of 2010 in/and CWP No.1912 of 2002

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CM No.12354 of 2010 in/and CWP No.1912 of 2002 Date of decision: 10.09.2010

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SS 34682 Capt S.P. Singh

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....Petitioner

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Versus

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Union of India and others

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....Respondents

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CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA

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Present: Mr. Kanhiya Lal, Advocate, for Mr. Arun Bansal, Advocate, for the applicant-petitioner.

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Ms. Anjali Kukar, S.G.S.C., for the respondents.

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VINOD K. SHARMA, J (ORAL)

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The Petitioner invoked the writ jurisdiction of this Court under Articles 226/227 of the Constitution of India for issuance of a writ of certiorari, mandamus or any other appropriate writ, order or direction quashing impugned letter dated 16.10.2000 (Annexure P-6) and a writ of mandamus directing the respondents to reinstate the petitioner or in the alternative directing the respondents to grant disability pension and other reliefs as prayed for by the petitioner.

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When this case came up for hearing before this court, counsel for the petitioner referred to Section 34 of the Armed Forces Tribunal Act, 2007 (for short “the Act”) to plead that the case is required to be transferred to the Armed Forces Tribunal (hereinafter called “Tribunal”). Section 34 of the Act reads as under:-

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“ Transfer of pending cases.- (1) Every suit,or other

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CM No.12354 of 2010 in/and CWP No.1912 of 2002

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proceedings pending before any court including a High Court or other authority immediately before the date of establishment of the Tribunal under this Act, being a suit or proceeding the cause of action whereon it is based, is such that it would have been within the jurisdiction of the Tribunal, if it had arisen after such establishment within the jurisdiction of such Tribunal, stand transferred on that date to such Tribunal. (2). Where any suit, or other proceeding stands transferred from any court including a High Court or other authority to the Tribunal under sub-section (1),-

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(a) the court or other authority shall, as soon as may be, after such transfer,forward the records of such suit, or other proceeding to the Tribunal;

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(b) the Tribunal may, on receipt of such records, proceed to deal with such suit, or other proceeding, so far as may be, in the same manner as in the case of an application made under sub-section (2) of section 14 from the stage which was reached before such transfer or from any earlier stage or de novo as the Tribunal may deem fit.”

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Rule 6 of the Armed Forces Tribunal (Procedure) Rules, 2008,

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which regulates the place of filing application before the Tribunal, reads as under:-

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“Place of filing application.-(1) An application shall ordinarily be filed by the applicant with the Registrar of the Bench within whose jurisdiction(i) the applicant is posted for the time being, or was last posted or attached; or (ii) where the cause of action, wholly or in part, has arisen: Provided that with the leave of the Chairperson the application may be filed with the Registrar of the Principal Bench and subject to the orders under section 14 or section 15 of the Act, such application shall be heard and disposed of by the Bench which has jurisdiction over the matter.

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(2) Notwithstanding anything contained in subrule (1), a person who has ceased to be in service by reason of his retirement, dismissal, discharge, cashiering, release, removal, resignation or termination of service may, at his option, file an application with the Registrar of the Bench within whose jurisdiction such person is ordinarily residing at the time of filing of the application.”

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CM No.12354 of 2010 in/and CWP No.1912 of 2002

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Thus, as per Rule 6(2) of the Rules referred to above, the persons, who have ceased to be in service by reasons of retirement, dismissal, discharge, cashiering, release, removal, resignation or termination, can file application before Registrar of the Bench of the Tribunal within whose jurisdiction such persons are ordinarily residing. Accordingly, the petitioner would be entitled to invoke the jurisdiction of the Tribunal at Chandimandir as he is resident of place under the jurisdiction of the Tribunal at Chandimandir.

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In view of the above legal provisions, the case is transferred to the Tribunal constituted under the Act. The Registry is directed to transfer the records of the present petition to the Tribunal at Chandimandir.

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Disposed of accordingly.

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The parties through their counsel are directed to appear before the Tribunal on 1.10.2010.

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(Vinod K. Sharma) Judge

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September 10, 2010 R.S.

S.P.Singh v. UOI

Case brief

What is this about?

What did the court decide?

S.P.Singh v. UOI

Case brief

What is this about?

What did the court decide?

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